The former Liberal National party MP Ewen Jones has said he would back a challenge to the Herbert election result in the court of disputed returns, after losing the Queensland seat to Labor’s Cathy O’Toole by just 37 votes.
At a press conference in Townsville on Monday, Jones conceded defeat but said the LNP would consider bringing a court challenge.
“The decision on whether we mount a court challenge to the court of disputed returns is a decision of the party but I would be agreeing with it if we did take it to the court,” he said.
Jones said because there were “a number of anomalies in the count” it would be “reasonable [to] request the court to sit there and say a new election should be held”.
There have been reports that 628 soldiers based in Townsville who were on exercises in South Australia on election day did not cast votes, and allegations that voters, including at Townsville hospital, were denied the opportunity to vote in the late afternoon on election day.
Jones said LNP had engaged counsel “[who] believe we have a case” and were busy gathering statements.
“I think the party owes it to our supporters and to the nearly 40% of people who did vote for us ... I think we owe it to the party and people of Townsville to see if we can get a voice in government,” he said.
Despite backing the challenge, Jones said the close count had “taken its toll on my staff and my family and I think what we want to do here is just cut that cord, get out of the office and get on with our lives”.
The prime minister, Malcolm Turnbull, flagged a possible challenge on Thursday, arguing that everybody was owed the opportunity to vote.
“When you get down to a result as fine as that, a couple of dozen votes either way may [change the result],” he said.
The LNP would have to bring a challenge to the result within 40 days.
Jones said O’Toole was able to get on with her job as the new member for Herbert in the mean time.
“We’ll be leaving here now, cleaning out the office and making it as easy as possible for her to transition into the role.
“Yesterday I spoke to her and wished her all the best, told her it is the best job in Australia representing this city and she’s looking forward to it.”
But Jones said O’Toole would have difficulty delivering for Herbert from opposition, and without access to ministers.
The LNP’s defeat in Herbert leaves the re-elected Turnbull government with 76 lower house seats before selecting a Speaker, compared with 74 for all other parties.
Jones said governments could still achieve a lot with very small majorities, but conceded the result made the Coalition’s work “that little bit harder”.
“I think when your backs are to the wall, the only way you’ve got to go is go forward.
“I think that’s when you find your boldest decisions and find your passion for the role, and your passion for the thing is what’s going to make Malcolm Turnbull a great prime minister.”
Jones said the government had won a mandate for its policies and that nobody was better than Turnbull at the “sales process” of negotiating legislation through the Senate and past the lower house crossbench.
